Divorce Questions & Answers

Q: My grandpas ex wife is A beneficiary on an annuity He divorced her Bc she committed fraud on his accounts what can we do

1 Answer | Asked in Divorce and Family Law for Oregon on
Answered on Dec 17, 2018
Vincent J. Bernabei's answer
Depending on the express terms of your grandfather's General Judgment of Dissolution of Marriage, the beneficiary designation may be revoked and the former spouse's ability to access the annuity may be restricted. Also, it is possible that he notified the annuity company of a change of beneficiary but the company did not comply with the notice.

You should consult with an attorney to determine your rights.

Q: My fiance' and I purchased our house one month before marriage. Now, 10 years later, he says he put more money in.

1 Answer | Asked in Divorce for Oregon on
Answered on Dec 17, 2018
Vincent J. Bernabei's answer
The court's ultimate responsibility in dividing marital assets in a divorce proceeding is to make sure that the division is just and proper under all the circumstances. You have not provided enough details for an attorney to provide an informed response to your question. Without knowing all the circumstances, it is difficult to say whether your spouse may receive his initial contribution toward the home. You have a lot at stake and I recommend that you contact an attorney to discuss your...

Q: I am divorcing my wife, who's here on a K1 visa. If she leaves the U.S., how will she attend the final divorce hearing?

1 Answer | Asked in Divorce and Immigration Law for South Carolina on
Answered on Dec 17, 2018
Hector E. Quiroga's answer
This is a family law rather than an immigration law question. We recommend that you contact an attorney familiar with family law.

Q: In a pending divorce, I just received a settlement for personal injury pain and suffering, is this community property

1 Answer | Asked in Divorce and Personal Injury for California on
Answered on Dec 17, 2018
Angelina Bradley's answer
In most cases, no. But there are exceptions and you should consult with a family law attorney to make sure they don’t apply in your case.

Q: I am still legally married,but I have been separated from my husband for two years so can i get a pro bono divorce ASAP?

1 Answer | Asked in Divorce for Louisiana on
Answered on Dec 16, 2018
Ellen Cronin Badeaux's answer
A pro bono lawyer can't handle every thing you need done. So get either your husband or the baby's daddy to help you hire a lawyer to:

1) file a Petition for Divorce,

2) file a 3 Way Acknowledged Act of Paternity or Petition to Disavow.

Q: My ex refused to find a place that is dog friendly,

1 Answer | Asked in Divorce for Maryland on
Answered on Dec 16, 2018
Mark Oakley's answer
No. You can give the dog away and not incur the expense. Your choice to keep the dog and incur the expense is your choice, not your ex’s.

Q: Married 18 years wife makes more that me I have a life insurance and 401. Will I lose this in a divorce

1 Answer | Asked in Divorce for Maryland on
Answered on Dec 16, 2018
Jac E. Knust's answer
Life insurance generally comes in two different forms. Number one: term inurance has no cash value -often times an employer provides thisas a benefit to employees. You can name anybody you want as a beneficiary and it does not have to be your wife generally speaking.

Another type of insurance is whole life insurance which typically has a cash value. If this was purchased during the marriage then the cash value of the insurance is marital property which is subject to a marital award. You...

Q: After we were married my husband upgraded his Time-Share involving me making the payments each month. $543 x 48 mos.

1 Answer | Asked in Divorce for North Carolina on
Answered on Dec 16, 2018
Melissa Averett's answer
Did you file for equitable distribution? If not, you need to do that BEFORE the divorce is entered by the court. In NC, that claim will protect your marital interest in the property regardless of title. The claim just has to be pending when the divorce is entered. There are no forms to file equitable distribution, so you will need the help of an attorney.

Q: divorced 6 years, ex lives in house I do not my name is on deed but not mortgage now demanding me to pay

1 Answer | Asked in Divorce for New Hampshire on
Answered on Dec 15, 2018
Joshua H Bearce's answer
This answer to this question depends on the terms of your Divorce Decree. If your Decree states that he is solely responsible for these expenses, then he cannot force you to contribute. In contrast, if the Decree states that you are required to make some contribution to those expenses, then he can demand that contribution. You must also take into account the fact that a failure to timely pay these expenses may have an adverse impact on your credit. I suggest you speak with an attorney who...

Q: How do I get a divorce from my spouse who is in jail for a felony charge we have been separated for almost a year

1 Answer | Asked in Divorce for Louisiana on
Answered on Dec 15, 2018
Ellen Cronin Badeaux's answer
You hire an attorney who can file on the basis of the felony conviction.

Q: I just got divorce papers and he wants to throw the kids and I out in thirty days. Even though I have primary custody.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Dec 15, 2018
Kathryn Hilbush's answer
It's very difficult to know exactly what legal papers you received without reviewing them. I strongly urge you to take everything you received to an experienced family law attorney to review them in person and explain your rights and options.

Q: Is it necessary to file for Divorce in VA if Marriage Certificate was not filed with court within 30 days of ceremony?

1 Answer | Asked in Divorce and Family Law for Virginia on
Answered on Dec 15, 2018
James H. Wilson Jr.'s answer
Virginia's public policy favors marriage and the validity of marriage in the Commonwealth. As such, Virginia has several curative statutes that may validate imperfect marriages. In addition, a party who questions the validity of a marriage may file a suit to determine the validity of the marriage or affirm the marriage under Virginia Code Section 20-90. Any putative spouse questioning the validity of a marriage should consult with an experienced Virginia matrimonial lawyer to discuss how...

Q: I want my marriage to end. My husband is mentally and physically abusive. He will not leave. He had stolen items he gave

1 Answer | Asked in Divorce for Virginia on
Answered on Dec 15, 2018
James H. Wilson Jr.'s answer
A spouse may file immediately in Virginia for a divorce from bed and board on grounds of cruelty or reasonable apprehension of physical harm, or desertion and abandonment. The pendente lite or temporary relief available after such a case is filed can include a protective order, exclusive possession of the marital residence, spousal support, and the payment of attorney's fees and costs to carry on the case. After a year of separation, the spouse may ask for a divorce from the bond of...

Q: I know my ex will inherit a large amount of money - will my support change when that happens?

1 Answer | Asked in Divorce for Massachusetts on
Answered on Dec 14, 2018
Lillian J. LaRosa's answer
If this is on the issue of college education contribution potentially yes, or if the issue is continuation of alimony post retirement potentially yes, or if the income from the asset inherited is significant then potentially yes.

Q: Privacy from husband while waiting on divorce

2 Answers | Asked in Divorce for Kentucky on
Answered on Dec 14, 2018
Anna Aleksander's answer
If you are threatened to the extent where his actions amount to domestic violence then you can take out an emergency protective order. In the alternative you can file and make a motion to restrain him in the divorce case. You can refer to this page on my website for more information : http://www.aleksanderlawlouisville.com/louisville-criminal-law/epos-domestic-violence/

Q: Divorce 2/2018. Ex has rec'd notices re: taxes owed for 15 & 17. he is self employed, i'm not. He says i'm liable.

2 Answers | Asked in Divorce and Tax Law for Michigan on
Answered on Dec 13, 2018
Neil Colman's answer
What does your Judgment provide? If they were joint returns and not addressed in the Judgment, you may have to go back to court in an attempt to get clarification. The government is not a party to your divorce. Therefore, both taxpayers are liable if not addressed in the Judgment.

Q: box 22 of divorce complaint. I moved out and wife is staying at same address we lived at. What date should I use?

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Dec 13, 2018
Cary B. Hall's answer
I have no idea what kind of form you're using -- so no idea what "box 22" says. Try again, with more detail?

Q: Confused over deadline to execute a NJ divorce settlement before alimony deduction ends- court approval?

1 Answer | Asked in Divorce for New Jersey on
Answered on Dec 13, 2018
Leonard R. Boyer's answer
You really need to have this document prepared by an experienced matrimonial attorney and the divorce completed prior to December 31, 2018. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel,...

Q: If my ex is behind in His Alimony payments can he be forced to sell items to keep me from becoming homeless.

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Dec 13, 2018
Mr Eric Klein's answer
You should file a Motion for Contempt/Enforcement AND notice it for a hearing. The judge has many options to get you your money, one of which is for him to liquidate assets. I hope this helps. Good luck!

Q: can i get a no fault divorce

1 Answer | Asked in Divorce for Mississippi on
Answered on Dec 13, 2018
Arthur Calderon's answer
If she wants to get alimony from you, she will have to sue you for divorce and request it. That being said, you can both file a joint petition for divorce, and agree that everyone can go their separate ways.

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